New York Supreme Court Appellate Division, First Department
October 23, 2012
IN RE KHALIYAH VJELYTT W.-D., A CHILD UNDER EIGHTEEN YEARS OF AGE, ETC., AND JASMINE W., RESPONDENT-APPELLANT, ADMINISTRATION FOR CHILDREN'S SERVICES, PETITIONER-RESPONDENT.
Matter of Matter of Khaliyah Vjelytt W.-D. (Jasmine W.)
Decided on October 23, 2012
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Tom, J.P., Andrias, Saxe, DeGrasse, Manzanet-Daniels, JJ.
Order of disposition, Family Court, Bronx County (Jane Pearl, J.), entered on or about November 18, 2011, which, following a fact-finding determination that respondent mother had neglected the subject child, released the child to the custody of respondent, with supervision by petitioner agency for a period of six months, unanimously affirmed, without costs.
The finding of neglect is supported by a preponderance of the evidence (Family Ct Act § 1046[b][i]), including the police officer's testimony that respondent had assaulted her in the infant child's presence (see Family Ct Act § 1012[f][i][B]; Matter of Eugene L. [Julianna H.], 83 AD3d 490 [1st Dept 2011]; Matter of Gianna C.-E. [Alonso E.], 77 AD3d 408 [1st Dept 2010]). There is no basis to disturb the Family Court's credibility findings or to conclude that the officer's testimony was tailored to avoid constitutional concerns (see Matter of Kelly A. [Ghyslaine G.], 95 AD3d 784, 784 [1st Dept 2012]).
The Family Court properly denied respondent's application for a suspended judgment, because she had not yet completed the required services (see Matter of Shaqualle Khalif W. [Denise W.], 96 AD3d 698, 699 [1st Dept 2012]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: OCTOBER 23, 2012
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